unit 3 Flashcards
what is the realtionship between the CPS and the court
prepare and present prosecution in court
relationship with HM court
involved in judicial law making
relationship between probation and HMP/ policeS
liase with police if there is an issue with offenders
liase with HMP if offender is recalled
relationship between HM and police
liase to ensure safe delivery of defendant
recieves those in police custody
what does crime control emphasise on
the role of the CJS in reducing and preventing crime by prosecuting and punishing the guilty
what does crime control say about the CJS
the CJS protects and serves the public through crime reduction
what theory is linked to crime control
right realism as they favour giving police greater powers
what is crime control described as
a conveyour belt to conviction where some innocent convicted as ultimate goal is convicting
what does due process emphasise on
the rights of the defendant through the presumtion of innocene, equality before the law and the right to a fair trial
what does due process say about the CJS
criminal justice should be an obstacle course to conviction as the rights of the defendant should be acknowledged at each step
what theory links to due process
left realism as they favour PACE 1984
what is social control
enforcement of certain norms and values by society
what is an internal form of social control
morality, values, traditions, religions, culture
what is moral conscience
freud says we follow society’s expectations because our superego tells us to and it makes us feel guilt
what is tradition
through socialisation we accept culture and conform to be accepted by society
what is internalisation of social rules and morality
we interbalise society’s rules and use them to tell us what is right and wrong
what is an external form of social control
family, friends, peers, teachers, agencies of control
how do agencies of social control make us conform
through cohersion (use of force to achieve outcome)
through fear of punishemnt (x2 detterent )
example: life imprisonment
what is retribution
- inflicting punishment on offenders as punishment
- ‘just deserts’, offenders need to be punished for breaking society’s moral codes
- the punishment should be propionate to the crime committed
what are some critisms for retribution
-offenders deserve forgiveness
- no help preventing future crime
what theories link to retribution
-rational choice theory- offenders think through actions so should be punished
what is rehabilitation
-punishment used to reform offenders
- reintroduces offender into society
- education, training, drug treatment and testing
what are some critisms to rehabilitation
- right realists: short term
- marxism: shifts the blame from captalism to offenders failings
what theory links to rehabilitation
- eyesneck’s personality theory: favoured aversion therapy
- cognitive theories: favour CBT and ART in reforming offenders
what is detterence
- general and individual
- punishment should be based on severity and be proportinate and not torment
what are some critisms for detterence
- half of offenders released in the first year re-offend
- how do we decide how severe a punishment is?
what theory links to detternce
right realists favour deterrence as a form of crime prevention
what is public protection
- incapacitation, removing offenders physical ability to offend
- protects society from dangerous criminals
- electronic tagging, chemical castraction of sex offenders
what are some critisms to public protection
- incapication leads to longer sentences and ‘wharehousing’ of offenders
- unjust to imprison for crimes they may commit
what theory links to public protection
- lombroso favoured detining criminals on an island far away
- right relism: incapacitation decreases crime rate
what is reparation
-offenders make amends to soceity and individual
- through financial or unpaid work
- restorative justice is where offenders make amends to the victim by connecting with them and showing remorse, reintroducing them into society
what is some critism for reparation
- doesnt work on all offences: sexual/ violent
- some say it is a too soft option and offenders get off easily
what theory links to reparation
functionalists say restorative justice is essential in balancing society
what type of prison sentences are there
custodial sentence
mandatory sentence
suspended sentence
how does prison work for retribution
- takes away freedom
- places un unpleasent living condtions
- limiting privacy
what case links to prisons and retribution
Robert Maudsley: placed in a glass box, solitary confinement to serve out sentence
what type of commuity sentences are there
-community order: set conditions
- community payback: up to 400 hours of unpaid work
- treatment programmes
how does community sentence work for reparation, detterence and retribution
- payback to community
- harsh work, hi viz jacket
what are fines
-money paid to victim by defendant in minor offences.
-amount set by court and can be sent to prison if unpaid
how does fines work for reparation, deterrence and retribution
- deprive of money
- fear of punishment if not paid
what type of discharges are there
conditional: no penalty until they commit another crime in given period
unconditional: no penalty but punishment is inappropriate
how does discharges work as a detterence
for first time offenders causes the fear of punishment
how are enviromental designs used
built enviromental designs can affect crime rate by imfluencing offender and affecting people’s ability to control surrounding
what are defensible spaces
-Oscar Newman
- areas of clear boundaries, low crime rate due to territoriality, natural surveillance, a safe image and a protected location
what are indefensible spaces
crime is likley to occur in ‘confused’ areas of public spaces (anonymous walkways/ stairwells) as they belong to no one
what statistic of crime happens in indefensible spaces
55%
what is crime prevetion through enviromental design
- structure anyalisis to possible saftey issues to deter crime
- natural surveillance: lighting, curved corners, windows facing
- natural access control: clearly differntiate public and private spaces, single entry, low bushes and lockable gates
what are 2 strengths for CPTED
1) reduce crime rates
2) deter criminals
2 limitations for CPTED
1) expensive
2) doesnt tackle all crime, cyber
what are gated lanes
- narrow back lanes and quiet side street shut to general public but residents
- lockable to stop burgulary, fly tipping, drug meet ups and anti-social behaviour
- creates a safe play area for children
what are 2 strengths for gated lanes
1) reduces crime rate
2) Safe for children
what are 2 limitations to gated lanes
1) £4000 for 1
2) moves crime somwhere else
what is the panoptican
- prisoners cells are all visible by centre point guard tower but prisonrs don’t know if they are being watched
what does the panoptican make prisoners do
self regulate and confrom to rules
what are ASBOS
issued by the court with conditions if breach leads to arrest
what are the aims of ASBOS
tells offender their behavioiur is unnacceptable and needs to stop
what were ASBOS replaces with
CBOS and Civil injunctions
what are CBOs
for most serious antisocial individuals, if breached max 5 years imprisonment for over 18 and up to 2yrs detention and training for under 18
what are civil injunctions
for low level nuisance and annoyance. if breached max 2 yrs imprisonment for over 18 and 3 months detention for 14-17yrs
what are token ecomomies
tokens exchanged for priveleges, removed for bad behaviour.
- increase desirable behaviour
- make prisoners self regulate their behaviour
what are 2 strenghts for token ecomies
1) Hobbs and Halt: well for short term and all ages
2) Field 2004: well for youth but some dont respond, was then adapted for nonresponsive and works
what are 2 limitations for token ecomomies
1) cohen and flipcjak: reduction of offending in 2 years but not 3
2) other stratergies, ART, more useful and long term
aims of police
- keep the peace and maintain order
- protect life and property
- prevent, detect and deter crime
philosophy of police
summed by sir robert peel who founded the met police in 1892
- prevnt crime and disorder
- honest and intergrity
- ability to perform is based on public’s cooperation and approval
funding of police
- in 2020-21 the total budget was £15.2 billion
- 2/3 came from central governement but most from local council tax
- some from charging services like football matches
working practices of police
- 43 regional police forces in england and wales
- deal with all types of offences and criminality
- some specialise, fraud and drugs squad, traffic, mounted police
limitations for police: finance
- funding cuts over the past few years between 2010-18 by 19%
- led to the fall in police numbers
-more people getting away with crime - wayne couzens
limitations for the police: civil and legal barriers
-pace 1984
- rights and freedom garunteed by the law, human rights law
- human rights to freedom of movment and a fair trial
- abu hamza
strength for police: offences of public concern
- in recent years police have made progress in prioritsing offences of public concern: domestic abuse
- more cases reported and recorded. 2/3 of practioneers saw improvement in police approach
strength for police: recording crime
since critism in 2014, police have made efforts to improve crime recording
aims of CPS
- advices the police on their investigations about lines of inquiry and evidence needed
-prepares the prosecution side in court
funding for the CPS
- most from government, half a billion budget a year
- some from awards from defendants
-recovered asests confiscated from prisoners
CPS philosophy
- independent and fairness
- honest and opennes
- treating evryone with respect
CPS working practices
- deal with majority of offences and criminals but minor
- national body in england and wales
- 14 regional area teams prosecuting locally
reasons the cps prosecute
- full code test: evidential and public intrest tests
- threshold test, not enough evidence to prosecute, reaonsable grounds to prosecute
limitations of CPS: lack of effective media reports
- newspapers often present the CPS’s performance negatively
- criticise handling rape cases
- cps claimed they dropped weak cases to improve conviction rate, led to victims feeling they wouldn’t get justice.
limitations of CPS: budget cuts
- 25% cuts led to loosing 1/3 of staff
- new tech means extra work for satff
strength of CPS: prosecution
in 2018 prosecuted 80,000 cases in crown court and over 450,000 in magistrates
strength of CPS: convictions
84.14% of the defendants it prosecuted were convicted
aims of judiciary
- interpret and apply the law
- manage the trial
- explain legal issues to juries
funding for judges
- pay is decided by an independent panel “senior saleries review body”
- district judges earn about £110,000 and Lord Chief Justice earsn £27,000
- funded from tax
philosophy of judges
- judicial independence from govt
- impartiality
- integrity
make 2 oats: alleigance to king and judical oath to treat equal under the law
working practices for judges
- security of tenure: can’t be removed from office only by king
- judicary has a clear heirachy of courts from supreme to magistartes
- deal with all offender and crime, less serious dealt in MC
limitations of judiary: media images
- old white upper class men
- out of touch with modern society
- soft on crime, lenient sentences
limtations of judiary: gender bias
- lack of empathy for female victims, judge pickles
strengths of judiary: unduly lenient scheme
- allows family, members of the public and victim appeal a sentence they think is too lenient
- for serious offences: rape, murder, robbery
2 other strengths of judciary
- independent from government
- sign oaths to be impartial
aims of prisons
- detterence
- retribution
- public protection
funding of prisons
- from government, tax
- £5.42 billion budget
philosophy of prisons
“preventing victims by changing lives of offenders”
- just deserts
wokring practices for prisons
- in 2019, 121 prisons holding around 80,000 prisoners
- 106 were public sectors run by the governemt and 15 were private.
- deals with high risk offenders
limitations for prisons: finance
budget cuts by 40% led to 30% reduction in staff
- birmingham riots
limitations for prisons: recidivism, bromley breifing
- 59,000 sent to prison in 2018
- short prison sentences are less effective than community sentences at reducing reoffenders
- 48% of adults are reconvicted within 1 year of release
limitations for prisons: saftey in prisons
- safty in prisons has decresed rapidly over the last 7 yeaes. prisoners and staff are less safe with more self harm assaults than ever
- 317 deaths in the year to march 2019. doubled in the last decade
limitations for prisons: enviroment, overcrowding
- health issues, infections and mental issues combined with few staff can mean more time locked up in a cell designed for fewer inmates
- feb 2023: population 83,000 with a useable capacity of 85,000 meaning only little spaces left
strengths for prison:
- behaviour of inmates is highly controlled inside prisons
- access to rehabilitation and education programmes
- deters from committing crime
aim of probation
-supervise high risk offenders
- support victims of serious sexual/ violent crimes
- tackle causes of offending and enable offenders to turn their lives around
philosophy of probation
- offenders can change and become responsible members
- believe the worth and dignity of the individual
probation working practices
- provide services for offenders
- write pre- sentence reports
- 35 probation trusts in the UK
probation funding
- recieve a share of the £4.6 billion with HMP
- comes from general tax
